The implementation of the Second Additional Protocol (2AP) to the Convention on Cybercrime (Budapest Convention) was furthered through a workshop organised by the CyberSPEX project on 26 May 2026 in Bucharest, Romania.
The event gathered EU m/s representatives from Ministries of Justice, law enforcement agencies, prosecution services, as well as practitioners serving as 24/7 Points of Contact established under Art. 35 of the Budapest Convention, reflecting the importance of cross-sectoral collaboration in addressing cybercrime and handling electronic evidence.
Discussions centered on ways to strengthen the operational role and capacities of the 24/7 Points of Contact in facilitating co-operation on expedited disclosure of stored computer data in emergencies (Article 9 of the 2AP) and emergency mutual legal assistance (Article 10 of the 2AP). The workshop was an opportunity to identify practical solutions for co-operation under these articles and to use the results in support of the implementation of the Second Additional Protocol.
The discussions revealed significant variations among participating countries: while certain jurisdictions could empower police or specialised prosecutorial offices operating as 24/7 contact points to take over the tasks under the 2AP, others recognised the necessity for legislative reforms to facilitate the prompt handling of emergency requests. Challenges relating to the responsiveness of service providers, especially smaller entities, and the absence of a uniform legal obligation to act swiftly in emergency situations, as long as the 2AP is not implemented, were also highlighted.
Some concrete solutions were identified: the adoption of standardised templates for emergency requests, implementation of more secure and direct digital channels for the transmission of evidence, and the development of deconfliction mechanisms to prevent disruptions from overlapping investigations.
In closing, the participants were encouraged to integrate the lessons learned into national legislative processes and operational practices. Aligning operational realities and legislative frameworks is essential for the effective implementation of the Second Additional Protocol, ultimately enabling faster, safer, and more robust international co-operation.
The Council of Europe, through the Cybercrime Programme Office, reaffirmed its commitment to supporting practitioners in this transition, recognising that effective international collaboration is fundamental to combating cybercrime in today’s interconnected world.